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Delaware: Toll Charges and Parking Fees Not Part of Claimant’s Medical Expenses

March 08, 2019 (1 min read)

An injured worker is not entitled to reimbursement for travel-associated toll charges and parking fees in connection with his or her employer-provided medical care, held a Delaware appellate court. The worker had been reimbursed some $761.20 for mileage over a ten-month period under Del. Code Ann. tit. 19, § 2322, but sought an additional $114.75 for tolls and parking expenses. The Court reasoned that the wording of the statute was clear and unambiguous: reimbursement was limited to 40 cents per mile.

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is co-author of Larson’s Workers’ Compensation Law (LexisNexis).

LexisNexis Online Subscribers: Citations below link to Lexis Advance.

See Failing v. State, 2019 Del. Super. LEXIS 109 (Feb. 25, 2019)

See generally Larson’s Workers’ Compensation Law, § 94.03.

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law

For a more detailed discussion of the case, see